Barbara Rawlinson et al. v. Helen Greer and No. 1 Properties, Inc. |
[4] This is the second time this case has been before the Wyoming Supreme Court for appellate review. In the first appeal, we affirmed the summary judgment in favor of Cheyenne Board of Public Utilities. Rawlinson v. Cheyenne Board of Public Utilities, 2001 WY 6, 17 P.3d 13 (Wyo. 2001). We recite herein only the facts which are relevant to this appeal. [5] In 1994, the sellers listed th... More... $0 (02-28-2003 - WY) |
The sole issue in this case is whether a plaintiff asserting a private right of action under the Nursing Home Care Act (210 ILCS 45/1-101 et seq. (West 2000)) must attach to her complaint the certificate of merit and supporting report required by section 2-622 of the Code of Civil Procedure (735 ILCS 5/2-622 (West 2000)), popularly known as the Healing Arts Malpractice Act. On a permissive inte... More... $0 (02-21-2003 - IL) |
Weipert v. Illinois Department of Professional Regulation |
In February 2001, plaintiff, Larry L. Weipert, filed an application with defendant, the Illinois Department of Professional Regulation (Department), for licensure as a private detective. In June 2001, the Department denied Weipert's application because he lacked the three years' work experience required by section 75(a)(6) of the Private Detective, Private Alarm, Private Security, and Locksmith... More... $0 (02-20-2003 - IL) |
Shirley Hendricks, etc. v. Amity Care, L.L.C., etc. |
Breach of contract, nursing home negligence, intentional infliction of emotional distress and wrongful death claims by the Estates of Bonnie B. Mulbery, deceased, who resided at Grace Living Center - Buffalo from March 14, 1998 to March 18, 2000. Western Nursing Home Limited Partnership was the licensee and operator of the nrusing home. Amity Care, LLC, doing business as Grace Living Centers, ma... More... $1000000 (02-20-2003 - OK) |
NME Properties, Inc. v. Florence Rudich, as Personal Representative of the Estate of Ida Revitz, deceased |
Florence Rudich, as Personal Representative of the Estate of Ida Revitz, Deceased, filed a six-count second amended complaint against appellant, NME Properties, Inc. d/b/a Menorah House, and others, including Dr. Aaron, following the death of Revitz. Rudich alleged in count I, a violation of Chapter 400, Florida Statutes (The Florida Nursing Home Residents' Rights Act), not resulting in de... More... $959920 (02-18-2003 - FL) |
New World Communications of Tampa, Inc. d/b/a WTVT-TV v. Jane Akre |
New World Communications of Tampa, Inc., d/b/a WTVT-TV, a subsidiary of Fox Television, challenges a judgment entered against it for violating Florida's private sector whistle-blower's statute, section 448.102, Florida Statutes (Supp. 1998). We reverse. In December 1996, WTVT hired the appellee, Jane Akre, and her husband, Steve Wilson, as a husband-and-wife investigative reporting team. Sho... More... $0 (02-18-2003 - FL) |
Cobb v. Iga |
Delores Cobb (plaintiff) filed a personal-injury action against Martin IGA & Frozen Food Center, Inc. (defendant), in the circuit court of Effingham County. Plaintiff sought compensation for damages she sustained when a young boy ran into her with a grocery cart while she was shopping in defendant's store. Defendant filed a motion for a summary judgment asserting that it had no duty to protect ... More... $0 (02-10-2003 - IL) |
Steven M. Rogers and Ellen M. Rogers v. Charles A. Meiser and Barbara S. Meiser |
1 Plaintiffs, Steven M. and Ellen M. Rogers purchased a house from defendants, Charles A. and Barbara S. Meiser. After experiencing flooding problems they sued defendants for common law actual fraud and violation of the Residential Property Condition Disclosure Act (RPCDA), 60 O.S.Supp.1995, § 831 et seq. (now O.S.2001).1 Their petition sought rescission of the purchase contract, restoration of... More... $0 (02-04-2003 - OK) |
Steven M. Rogers and Ellen M. Rogers v. Charles A. Meiser and Barbara S. Meiser |
1 Plaintiffs, Steven M. and Ellen M. Rogers purchased a house from defendants, Charles A. and Barbara S. Meiser. After experiencing flooding problems they sued defendants for common law actual fraud and violation of the Residential Property Condition Disclosure Act (RPCDA), 60 O.S.Supp.1995, § 831 et seq. (now O.S.2001).1 Their petition sought rescission of the purchase contract, restoration of al... More... $0 (02-04-2003 - OK) |
Christian Jay Brenneman, et al. v. Jay B. Stuelke and Lori Stuelke |
Christian Brenneman, as parent and personal representative of Samantha Brenneman and Amanda Brenneman, deceased, appeals from an adverse summary judgment in his action seeking damages for the children's death in an automobile collision. The defendants, Jay Stuelke and Lori Stuelke, are alleged to have been social hosts of the deceased children and one Todd Graham sometime prior to the collision th... More... $0 (12-24-2002 - IA) |
Barnaby Pedge and Uplink Computing Solutions, Inc. v. RM Holdings, Inc. and Vantage Point Office Park Association |
In this personal injury action, defendants, R.M. Holdings, Inc. and Vantage Point Office Park Association, appeal the judgment entered on a jury verdict in favor of plaintiffs, Barnaby Pedge and Uplink Computing Solutions, Inc. (collectively Pedge). The primary issue in this appeal is whether unidentified or unknown persons may be designated as nonparties pursuant to Colorado's pro rata apportionm... More... $0 (12-24-2002 - CO) |
St. Mary's v. Gregory J. Loomis, M.D. |
The facts most favorable to the verdict reveal that Dr. Loomis, a neurosurgeon in private practice in Evansville, had surgery privileges at the Hospital. On November 19, 1998, Dr. Loomis was visiting his patients in the east wing of the Hospital's fourth floor (4-East). Dr. Loomis stopped at the 4-East pantry to pour himself a cup of coffee. Dr. Loomis, other physicians, and the Hospital's employe... More... $16950000 (12-17-2002 - IN) |
Sterne Baptiste v. Better Val-U Supermarket, Inc., et al. |
The dispositive issue in this appeal is whether the trial court properly determined that, under the circumstances of this case, the named defendant, Better Val-U Supermarket, Inc. (defendant), owed a duty to the plaintiff, Sterne Baptiste, who, in the course of completing the forms necessary to conduct a monetary wire transfer through facilities owned by Western Union Financial Services, In... More... $0 (12-12-2002 - CT) |
Brian Wasko, et al. v. James Manella |
This appeal presents a novel question regarding an insurer's subrogation rights when a houseguest accidentally burns down an insured's vacation home. The defendant, James Manella, appeals from the trial court's award of $132,505 to the plaintiff, Middlesex Mutual Assurance Company (Middlesex),1 which insured and paid the claim on the destroyed house. Manella contends that the court improper... More... $0 (12-05-2002 - CT) |
Robert B. Olsen, et al. v. Santa Barbara's Gracious Living, Inc. |
Robert B. and Elrita Olsen (Seller) owned a business providing residential care for the elderly. In January 2001, Seller entered into an agreement, called a "letter of intent," to sell the business to defendants Santa Barbara's Gracious Living, Inc., Steven Wall, and Ruth Wall (Buyer). The business consisted of several houses in which small numbers of elderly persons would reside under the car... More... $0 (12-03-2002 - CA) |
Estate of Ryan R. Ballard, et al. v. Hazel's Blue Sky and Hazel Jones |
Colleen Dorrian, as parent and personal representative of decedent Ryan Ballard, appeals from an adverse summary judgment in an action seeking wrongful-death and loss-of-consortium damages from a liquor licensee doing business as Hazel's Blue Sky Diner (Hazel's).The action was brought against both Hazel's Blue Sky and Hazel Jones. The petition alleges that Hazel Jones is the owner of Hazel's Blue ... More... $0 (11-26-2002 - IA) |
Robert Hogate v. American Golf Corporation |
American Golf Corporation ("AGC") appeals from a judgment on a jury verdict in favor of Robert Hogate ("Hogate") in a premises liability action. AGC claims that the trial court erred in denying its motion for judgment nothwithstanding the verdict because Hogate failed to prove a breach of duty by AGC, and Hogate failed to make a submissible case against AGC. Finding no duty, we reverse. In review... More... $100000 (11-13-2002 - MO) |
Jennifer Young v. Multnomah County Sheriff Dan Noelle |
The Sheriff of Multnomah County revoked petitioner's concealed handgun license (CHL). She petitioned for review in the circuit court, but the court dismissed her petition because it was not timely filed within the 30-day limit established by ORS 166.293(5). Petitioner appeals. The dispositive issue is whether the 30-day period began to run when the sheriff sent petitioner notice of the revocation,... More... $0 (11-11-2002 - OR) |
Novella J. Clay and Elton W. Clay v. City of Fort Worth |
This is an appeal from a summary judgment granted in favor of appellee, the City of Fort Worth ("the City"). Appellants, Novella J. Clay and Elton W. Clay, sued the City for negligence and gross negligence under the Texas Tort Claims Act after Ms. Clay was injured on the premises of the Will Rogers Coliseum, a public events facility owned by the City. See Tex. Civ. Prac. & Rem. Code Ann. §§ 101.00... More... $0 (11-06-2002 - TX) |
Seyed E. Kabehie, et al. v. Farid Zoland, et al. |
UnknownThis case involves causes of action for breach of contract, fraud and interference with economic relations, arising out of contracts for the purchase of exclusive rights to music compositions. The trial court granted defendants' motion for judgment on the pleadings on the ground these state law causes of action were preempted by federal copyright law. We conclude that such state law cau... More... $24000 (09-26-2002 - CA) |
Dun & Bradstreet Software Services, Inc., et al. v. Grace Consulting, Inc., et al. |
This appeal presents serious problems of alleged copyright infringement in an evolving and highly competitive world of computer technology that challenges the effectiveness of our well-established copyright laws. Formerly known as Dun & Bradstreet Software Services, Inc. (DBS), Geac Computer Systems, Inc. (collectively Geac) is the undisputed owner of certain proprietary, copyrig... More... $0 (09-25-2002 - NJ) |
City of Gary Indiana v. Smith & Wesson |
Appellant-plaintiff City of Gary, Indiana, by its Mayor, Scott L. King (“the City”), appeals the trial court’s dismissal of its suit against various handgun manufacturers, a handgun distributor, and various handgun dealers (collectively, “Appellees”). We affirm in part and reverse and remand in part. The City raises eight issues for our review, which we consolidate ... More... $0 (09-20-2002 - IN) |
Rio Grande Silvery Minnow, et al. v. John W. Keys, III, et al. |
In June 2001, FWS issued a final Biological Opinion (BO) setting forth a plan for protection of the minnow that did not impact MRGCD or RCAA water and an associated Incidental Take Statement (ITS) specifying the conditions under which incidental taking of the minnow would not be deemed a violation of the ESA. In response, plaintiffs amended their pleadings to add claims challenging the BO and ITS.... More... $0 (09-12-2002 - NM) |
Kelly Brines, et al. v. XTRA, Corp. |
This is a class action under ERISA on behalf of 55 employees terminated when their employer, XTRA, transferred the part of its business in which they worked to ContainerPort. They claim that XTRA's welfare benefits plan entitled them to severance pay even though they were offered the same employment by ContainerPort without a break on essentially the same terms. The district judge granted s... More... $0 (09-10-2002 - IL) |
Daniel Bloxham, et al. v. Glock, Inc., et al. |
1 Appellants Daniel Bloxham, Barbar a Bloxham, and Diana Spalding ("the Bloxhams"), sued appellees Glock Inc., Glock Ges m.b.H. ("Glock"), Pat McMann, Joan McMann, and McMann's Roadrunner Inc., ("the McManns") for negligence after a third party murdered the Bloxhams' son and Spalding's daughter ("the victims") with a handgun manufactured by Glock and sold at a gun show operated by the McManns.... More... $0 (08-30-2002 - AZ) |
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